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Legal and Compliance
Terms & Conditions:
Birthdays GWP: Receive a $100 Gift Card when you Spend $500 or more
Trade Promotion 1. Information on how to enter and prizes form part of these conditions. By participating, entrants agree to be bound by these conditions. Entries must comply with these conditions to be valid. 2. The Promoter is RedBalloon Pty Ltd (ABN 13097376442) of Level 4, 1-5 Hickson Road, The Rocks, NSW, Australia 2000.
Trade Promotion period 3. The Trade Promotion begins at 8:00 AM AEST on 12/09/2024 and will continue until 300 BDAY24 codes have been redeemed or until 30/09/2024, whichever occurs first. The gift with purchase operates on a first-come, first-served basis.
Eligibility to enter 4. Entry is open to the first 300 Australian residents aged 18 years or over who make a purchase of $500 or more and use the code BDAY24 at checkout.
Entry limit 1 code per person. If multiple entries are logged under the same email address, only the first entry will be sent.
6. Directors, management, employees and their immediate families, of the Promoter, retailers, suppliers, associated entities and agencies associated with this Trade Promotion are ineligible.
How to enter 7. To participate, entrants must spend $500 or more at checkout and apply the code BDAY24 to their cart. The $100 gift card will be sent to the purchasers’ email address within 2 days of purchase.
Prize(s) 8. The total RRP gift with purchase value is $30,000 AUD 9. The gift with purchase is a $100 RedBalloon gift card. The voucher/s are valid until the expiry date specified on the gift voucher or by the gift voucher provider. The gift voucher is not transferable or redeemable for cash. The Promoter will not be responsible for any gift voucher that is lost or stolen.
10. If a customer refunds their purchase of $500 or more they will forfeit the $100 gift card, which will become null and void. If they have already used the $100 gift card, their refund will be less the $100 gift card value.
11. All taxes (excluding GST), which may be payable as a consequence of receiving the gift, are the sole responsibility of the recipient.
12. Except for any liability that cannot be excluded by law, the Promoter (including but not limited to its officers, directors, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Trade Promotion, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or gift claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in any gift value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of any gift.
Notification and publication 13. Recipients of the $100 gift card will receive it via the email address provided at checkout when using code BDAY24
Voucher delivery 14. The voucher will be emailed to the recipient within 2 days of completed order
Use of Eligible Entrant’s Personal Information 15. Personal information including Eligible Entrant’s name, address, telephone number and email address may be collected and used for the purpose of conducting this trade promotion. This may require disclosure to third parties, including local regulatory authorities and the Promoter’s agents or third-party service providers, for the purpose of conducting the Promotion, or for promotional and marketing purposes (including for direct marketing).
16. By participating in this Trade Promotion, Eligible Entrant’s consent to the use of their personal information for the Purpose, and that the Promoter may contact them for future marketing and material purposes without payment. Eligible Entrants agree that the Promoter may use this information for that purpose.
17. Eligible Entrants may access, change or update their personal information by emailing the Promoter on info@thebigredgroup.com.au during office hours. A copy of the Promoter’s Privacy policy is available at https://help.redballoon.com.au/s/article/Privacy-Copyright. The Privacy Policy contains information about how individuals may access or correct personal information or make a privacy related complaint. Intellectual property and moral rights
18. By participating in this Trade Promotion, Eligible Entrants license the Promoter to use the content of their entry in any way the Promoter wishes (including modifying, adapting, copying, publishing, broadcasting or communicating the entry whether in original or modified form in whole or in part) in all media in perpetuity without payment to the Eligible Entrant of royalties or compensation.
19. By entering this Trade Promotion, Eligible Entrants consent to the Promoter dealing with their entry content in any way that may otherwise infringe the Eligible Entrants moral rights and agree not to assert their moral rights (wherever such rights are recognised) in respect of their entry against the Promoter or its assigns, licensees or successors.
20. Eligible Entrants warrant that their entry is not in breach of any third party intellectual property rights.
Publicity 21. Eligible Entrants consent to the Promoter using their name, likeness, image and/or voice in the event that they are a winner in any media for an unlimited period of time without remuneration or compensation for the purpose of promoting this Trade Promotion (including any outcome) and/or promoting any products manufactured, distributed and/or supplied by the Promoter.
22. The Promoter is not responsible for any loss, damage or injury to Eligible Entrants resulting from entering or participating in this Trade Promotion including arising from any comments made, or material published, by third parties about the participant on any social media platform in connection with this Trade Promotion.
General conditions 23. The Promoter’s decision is final and binding and no correspondence will be entered into. The Promoter accepts no responsibility for late, lost or misdirected entries or other communications. Entries will be deemed void if illegitimate, forged, manipulated or tampered with in any way.
24. Should an Eligible Entrant’s contact details change during the Trade Promotion Period, it is the Eligible Entrant’s responsibility to notify the Promoter. A request to access or modify any information provided as part of the redemption of a Prize should be directed to Promoter.
25. The Promoter reserves the right to request verification of the social media profile of eligible entrants and of the age, identity, residential address of winners and any other information relevant to entry into or participation in this promotion. Verification is at the discretion of the Promoter, whose decision is final. The Promoter reserves the right to disqualify any individual who submits an entry that is not in accordance with these terms and conditions, or who is involved in any way in interfering or tampering with the conduct of this promotion. Failure by the Promoter to enforce any of its rights does not constitute a waiver of those rights.
26. The Promoter reserves the right to disqualify any individual who is involved in any way in interfering or tampering with the conduct of this Trade Promotion has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Trade Promotion.
27. The Winner has rights under the Australian Consumer Law and other similar legislation which cannot be excluded, restricted or modified by the Promoter. These terms and conditions do not exclude, restrict or limit those statutory rights in any way. However, to the extent that it is permitted to do so, the Promoter (including its officers, employees and agents) excludes all liability whether arising in tort (including without limitation negligence), contract or otherwise for any personal injury or any other loss or damage (including without limitation loss of opportunity or loss of profits) whether direct, indirect, special or consequential, arising in any way out of the Trade Promotion, including, without limitation: any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); • any theft, unauthorised access or third-party interference; • any entry that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; • any variation in market value to that stated in these terms and conditions; • any tax implications; or the Prize or use of the Prize.
28. If for any reason beyond the reasonable control of the Promoter this Trade Promotion is not capable of running as planned, the Promoter reserves the right in its sole discretion to take any action that may be available to it, and to cancel, terminate, modify or suspend the Trade Promotion, unless to do so would be prohibited by law.
29. The Promoter reserves the right to cancel, terminate, modify or suspend the Trade Promotion or amend these terms and conditions, subject to any directions from a regulatory authority.